Tag Archive: 9th Circuit

Aug 01 2012

9th Circuit ruling favorable for Occupiers to hold police, gov’ts accountable for excessive force

A three judge panel of the 9th Circuit U.S. Court of Appeals filed an unanimous ruling in Nelson v. City of Davis. The student plaintiff, Timothy Nelson was seriously and permanently injured by the excessive use of force by police in a 2004 incident at UC Davis.

The Court found that the police actions violated a basic constitutional right, the Fourth Amendment right to be free of unreasonable seizure and invalidated qualified immunity for the police, meaning that police could be held liable for damages.  This ruling should offer considerable support to Occupiers pressing suit against police and governments for their often brutal and excessive use of force against peaceful protesters.